Common use of Issue of Securities other than Common Stock Clause in Contracts

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, Holder thereafter shall become entitled to receive any securities of the Company, other than Common Stock, the number of such other shares so receivable upon Exercise or Exchange of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 19 contracts

Samples: Warrant (Giga Tronics Inc), Warrant (Giga Tronics Inc), Warrant (Giga Tronics Inc)

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Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, the Holder thereafter shall become entitled to receive any securities of the Company, other than Common Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exchange of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 9 contracts

Samples: Warrant Agreement (EnergyConnect Group Inc), Warrant (Cardiovascular Systems Inc), Warrant Agreement (Composite Technology Corp)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, the Holder thereafter shall become entitled to receive any securities shares of the Company, other than Common Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exercise of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 3 contracts

Samples: Warrant (Bioject Medical Technologies Inc), Warrant (Bioject Medical Technologies Inc), Warrant Purchase Agreement (Xenogen Corp)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, the Holder thereafter shall become entitled to receive any securities shares of the Company, other than Common Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exchange of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 3 contracts

Samples: Warrant (Bioject Medical Technologies Inc), Warrant Agreement (Xata Corp /Mn/), Warrant Purchase Agreement (Xata Corp /Mn/)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, the Holder thereafter shall become entitled to receive any securities shares of the Company, other than Common Warrant Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exercise of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 3 contracts

Samples: Loan Modification Agreement (Comverge, Inc.), Warrant Agreement (Comverge, Inc.), Warrant (Comverge, Inc.)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, the Holder thereafter shall become entitled to receive any securities of the Company, other than Common Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 3 contracts

Samples: Warrant Agreement (Cardiovascular Systems Inc), Warrant Agreement (Cardiovascular Systems Inc), Warrant (Cardiovascular Systems Inc)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, the Holder thereafter shall become entitled to receive any securities of the CompanyMaker, other than Common Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exchange of this Warrant Note shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mattersight Corp), Loan and Security Agreement (Comverge, Inc.)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, the Holder thereafter shall become entitled to receive any securities of the CompanyMaker, other than Common Stock (such as, for instance Common Stock upon the conversion of all Series Common Stock into Common Stock), thereafter the number of such other shares so receivable upon Exercise or Exchange exchange of this Warrant Note shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 2 contracts

Samples: Loan and Security Agreement (Healthcare Corp of America), Loan and Security Agreement (Healthcare Corp of America)

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Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, Holder thereafter shall become entitled to receive any securities shares of the Company, other than Common Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exercise of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 1 contract

Samples: Warrant Agreement (Calix Networks Inc)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, Holder thereafter shall become entitled to receive any securities shares of the Company, other than Common Series C Preferred Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exercise of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common such Series C Preferred Stock contained in this Section 4.

Appears in 1 contract

Samples: Warrant Agreement (Sonics, Inc.)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, Holder thereafter shall become entitled to receive any securities shares of the Company, other than Common Series D Preferred Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exercise of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common such Series D Preferred Stock contained in this Section 4.

Appears in 1 contract

Samples: Warrant Agreement (Sonics, Inc.)

Issue of Securities other than Common Stock. In the event that at any time, as a result of any adjustment made pursuant to this Section 4, the Holder thereafter shall become entitled to receive any securities of the CompanyCompany (including derivative securities), other than Common Stock, thereafter the number of such other shares so receivable upon Exercise or Exchange exchange of this Warrant shall be subject to adjustment from time to time in a manner and on terms as nearly equivalent as practicable to the provisions with respect to the Common Stock contained in this Section 4.

Appears in 1 contract

Samples: Warrant (Sonic Foundry Inc)

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